Skip to content
Can a Passenger File a Motorcycle Accident Claim?
If you were riding as a motorcycle passenger when you were injured in a crash, you may have the right to seek compensation from the at-fault party. Plan out your next steps by calling Rocky McElhaney Law Firm: Car Accident & Injury Lawyers.
Can a motorcycle passenger sue after an accident?
A motorcycle passenger may be able to sue after an accident. If someone else’s negligence caused a crash and led to their injuries, they may be able to file a lawsuit against the negligent party. Passengers may wonder about their ability to file a claim, assuming that choosing to ride as a passenger limits their recovery.
Whether a lawsuit is successful depends on the specific facts of each individual case.
Who can be liable for a motorcycle passenger’s injuries?
There are multiple parties who may be liable for a passenger’s injuries. If the operator of the motorcycle was negligent in their riding choices, they may be responsible for subsequent injuries. For example, imagine a motorcycle operator who lane splits in violation of Tennessee law, misjudges the space between cars, and sideswipes a car. If their passenger is injured, the passenger may have a claim against them.
The passenger may also have a claim against the other driver if the other driver’s choices caused the collision. Consider a driver who turned in front of the motorcycle, made an unsafe lane change, ran a red light, or followed the motorcycle too closely.
This is where your motorcycle accident attorney steps in. They can conduct a thorough investigation of the collision and identify all potentially liable parties.
What happens when another driver caused the crash
If another driver caused the collision that injured the passenger, the passenger may bring a claim against that driver. Consider a driver who turns left in front of an oncoming motorcycle, causing the motorcycle to strike the front of their car. If both people are thrown from the motorcycle, they could both sustain serious injuries and have major financial losses. In this situation, they may both have claims against the driver. Each person’s damages would be evaluated separately, though.
What happens when multiple people are at fault
This is somewhat common in motorcycle accident claims. A driver may make an unsafe lane change, making them primarily responsible. However, if the motorcyclist was riding too fast for conditions, they might also shoulder some of the blame. This may split responsibility among parties.
Tennessee is a modified comparative fault state, so an injured plaintiff can still recover as long as their own fault is less than 50%. However, their share of compensation is reduced proportionate to their share of fault.
For passengers, this often means investigating claims against multiple parties. Insurers may try to shift blame to another involved party, which is why it is important to have your own attorney advocating for you.
How motorcycle passengers may prove negligence
Proving negligence is often a crucial part of a motorcycle accident claim; simply being injured does not prove another person’s role in a crash or their responsibility to the victim. Evidence needed to prove another party’s negligence may include:
- Police reports
- Witness statements
- Photos of the scene
- Video footage
- Vehicle damage
- Skid marks and road debris
- Accident reconstruction evidence
Medical evidence is often crucial in these claims. In addition to proving that someone else did not take reasonable steps to ensure your safety, you have to prove your losses. Medical bills, medical records, and treatment plans are often valuable pieces of evidence.
The passenger’s helmet usage—does it matter?
Tennessee has a universal helmet law. Regardless of age or riding experience, all motorcycle riders must wear a helmet in Tennessee, with very few exceptions. However, this does not mean that failure to wear a helmet bars you from recovering compensation. A motorcycle passenger who does not wear a helmet does not cause an accident; their choice not to follow the helmet law may have worsened their injuries, but it did not cause the operator to make an unsafe choice or another driver to hit them. However, their failure to wear a helmet can affect the extent of their injuries if the other party establishes causation.
Since failure to wear a helmet may increase the severity of a passenger’s injuries, it may still come up in your personal injury claim. If the other party claims that the passenger’s conduct contributed to their injuries, it may reduce the compensation available. Whether or not that argument works depends on the facts of the case.
How long a passenger has to file a claim
Tennessee is fairly unique in its personal injury statute of limitations. For many Tennessee personal injury claims, the statute of limitations is just one year from the date of the injury in question. There are exceptions that can toll or change the deadline, but passengers should not assume that one of those exceptions will apply to their case. One important exception that may apply is a two-year statute of limitations when the statutory requirements involving a criminal prosecution are met.
Additionally, waiting to take legal action can lead to practical issues for your case. As time passes, certain forms of evidence—surveillance footage, eyewitness testimony, and dashcam footage—may degrade or become completely unavailable. People may seek medical care without keeping copies of their records. Witnesses may move away or forget key details of the accident.
Taking swift action after an accident allows your personal injury lawyer to preserve important evidence and start exploring potential legal strategies.
Discuss your motorcycle accident claim with Rocky McElhaney Law Firm: Car Accident & Injury Lawyers now
If you have been injured as a motorcycle passenger, do not just assume that you are on your own with your medical bills, lost wages, and other expenses. Let us talk about potential recovery options during a consultation. Give us a call or contact us online.